PITCHER COMPANY v. NAY CONSTRUCTION CO.

No. 4917.

103 N.H. 357 (1961)

PITCHER & COMPANY, INC. v. RALPH NAY CONSTRUCTION CO. & a.

Supreme Court of New Hampshire.

Decided June 30, 1961.


Attorney(s) appearing for the Case

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Morse orally), for the surety, Employers' Fire Insurance Company.

Maurice P. Bois, United States Attorney, and Alexander J. Kalinski, Assistant United States Attorney (Mr. Kalinski orally), for the United States of America.


DUNCAN, J.

Under the terms of its agreement with the defendant surety, the contractor, as principal on the bond, assigned to the surety "any and all moneys . . . that may become due and payable at the time of . . . default, or that may thereafter become due and payable . . . on account of said contract." It is evident from the agreed facts, that a default occurred within the meaning of the contract between the contractor and the surety at least as early as April 4...

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